National Insurance Co. Ltd. vs Dhirendra Nath Banerjee And Anr. on 2 June, 1937
7. It is argued that this is a decision that) the words "first hearing" must always refer to the time when issues are framed. Such a construction would place far too wide an interpretation on the words used which must be read with their context and in reference to the particular provisions of the Code under consideration. This decision in 1907 does not appear to have been brought to the notice of Greaves J. when he gave his decision in 1919. The meaning of these words in Order 13, Rule 1 was also considered in Madras in the case in Chidambaram Chettiar v. Parvathi Achi which purported to follow the decision of this Court in Tale war Singh v. Bhagwan Das (1908) 12 CWN 312 and it was held that the "first hearing" in Order 13, Rule 1 means the date on which issues are framed. The Court referred to the decision of Greaves J. and the learned Judge pointed out that it is very difficult to say from the nature of the expression used, whether it refers to the framing of the issues or to the examination of witnesses. The words "first hearing" are also used in Order 14, B. 1 (5) which provides that at the "first hearing" the Court shall after reading the plaint and the written statement, proceed to frame the issues, and Sub-rule (6) provides that nothing in this Rule requires the Court to frame and record issues where the defendant at the "first hearing" makes no defence.